Opinion
May 9, 1991
Appeal from the Family Court, New York County (Jeffry H. Gallet, F.C.J.).
As properly conceded by the presentment agency, dismissal of the delinquency petition is required where, as here, the supporting depositions were jurisdictionally defective in that they failed to indicate whether the factual allegations asserted were based upon the deponents' personal knowledge or upon information and belief (see, Matter of David T., 75 N.Y.2d 927).
Concur — Murphy, P.J., Ross, Ellerin and Rubin, JJ.